Apple won a $1.05 billion verdict against Samsung last year, and it's now up on appeal. But at this point, that lawsuit covers the previous generation of phones, like Apple's iPhone 4 and Samsung's Galaxy S II. A newer lawsuit over patents, including Apple's search-related patents, was filed in 2012. That case covers newer phones like the iPhone 5 and Galaxy S III.

That case is being litigated under the oversight of US District Judge Lucy Koh, the same San Jose judge who presided over last summer's blockbuster trial.

At a hearing yesterday, Koh expressed frustration at both sides' overbroad accusations against each other in the new lawsuit. She insisted that the warring smartphone giants limit their cases to 25 patent claims each, and no more than 25 allegedly infringing products, according to a Reuters report on the hearing.

Koh actually threatened to put the whole case on hold unless the two companies agree to narrow the case. Currently, the new case is scheduled to go to trial in March 2014.

That would be just fine with Samsung, which has actually filed a motion to suspend the lawsuit. Apple is opposing that motion. Koh insisted the case has to get smaller in order to move ahead.

"As this case as it is currently framed, I'm refusing to go forward," Koh said.

While Apple's verdict last year was stunning, post-trial action has softened the blow and generally favored Samsung. Apple failed to get an injunction kicking Samsung products off the market, or any extra damages.